When you’ve been in an accident, and you suffered an injury, the most important thing is to get the appropriate medical care in a timely manner. However, it’s also good to be aware that the doctor you visit for care, the treatment they prescribe and the results of any medical test results could impact your personal injury claim. Can My Doctor Impact My Personal Injury Claim? Yes, your doctor can impact your personal injury claim. In fact, it is more accurate to say that your personal injury will rely heavily on your doctor. The doctor you work with following an injury is one of the most important aspects of your personal injury claim - from increasing the settlement amount to showing that the injury could result in lifelong complications, running the appropriate medical tests, and more. Your Doctor & Your Personal Injury Claim: Getting an Accurate Diagnosis Before receiving appropriate treatment for an injury, you…Read More
In California, lawyers are prohibited from making an agreement for, charging, or collecting an unconscionable or illegal fee. There are many types of fee arrangements that are used by lawyers, some by choice and some that are mandated by law. Contingency fees are one type of fee arrangement used by attorneys. The amount of the fee a lawyer receives is contingent upon the result the lawyer obtains and often on the phase of litigation in which the dispute settles. Contingency fees are based on a percentage of any award received by a client and derived from a successful jury verdict or settlement. If the case is unsuccessful, the client is not required to pay the lawyer any fees except for the costs of litigating or trying to settle the case. Although contingency fee percentages may vary, one-third (33 1/3 %) has been the common percentage used for several decades, especially for personal injury cases. Ethical…Read More
California employers must establish a regular payday and are also required to post a notice of the day, time, and location of payment. An employee who is discharged must be paid all wages, including accrued vacation, immediately at the time of termination. Here are answers to some frequently asked questions about paydays, pay periods, and final wages. How frequently must a California employee pay its workers? Subject to some exceptions, employers must pay workers twice during each calendar month on days designated in advance by the employer as regular paydays. Can an employer pay an employee in cash? Yes. The employer must give the employee a separate writing showing required information such as: Gross wages earned Total hours worked If the employee is paid on a piece-rate basis, the number of piece-rate units earned and any applicable piece rate All deductions Net wages earned The inclusive dates of the pay period The name of the employee…Read More
The COVID-19 delta variant continues to surge despite vaccination rates rising in more places throughout the country. Here are answers to some frequently asked questions about California employment law relating to COVID-19 testing and vaccination. Is an employer required to compensate an employee for the time spent obtaining a COVID-19 test or vaccination? If an employer requires employees to obtain a COVID-19 test or vaccination then the employer must pay for the time it takes for the testing or vaccination, including travel time. Why? Because this time would equate to “hours worked” as defined as the time during which a worker is subject to the control of an employer. May an employer require employees to submit to a medical test to detect the presence of the COVID-19 virus or antibodies before permitting employees to enter the workplace? Under the FEHA, an employer may mandate a medical examination when it is job-related and consistent with business…Read More
Meal and rest break compliance is often a problem for many California employers. California workers must understand any California laws that apply to meal and rest breaks. Here are some answers to frequently asked questions about California’s requirement that employers provide meal periods to their employees. What are the basic requirements for meal periods under California law? Under California law, an employee must be provided with no less than a thirty-minute meal period when the work period is more than five hours (more than six hours for employees in the motion picture industry). How does an employer satisfy its legal obligation to provide a meal period? Employers must do more than simply make a meal period “available.” Generally, to satisfy its obligation to provide a meal period, an employer may not impede or discourage employees from using their meal period and an employer must: relieve employees of all duty, relinquish control over their activities, and permit them…Read More
The COVID-19 pandemic seems far from over with a late July surge in many parts of the country. California workers remain subject to the workplace risks posed by the coronavirus. Here are some frequently asked questions related to workplace issues that may arise because of the pandemic. *Is an employee entitled to receive compensation for reporting to work and then being sent home by the employer? In most cases, if an employee reports for a regularly scheduled shift but works fewer hours or is sent home, the employee must be compensated for at least two hours, or no more than four hours, of reporting time pay. For example, a worker who reports to work for an eight-hour shift but only works for one hour must receive four hours of pay – one for the hour worked and three as reporting time pay. This allows the worker to receive earnings for at least half of an…Read More
Even though California is an employment-at-will state, California law prohibits employers from firing an employee for discrimination based on age, race, sexual orientation, disability, relation, national origin, or sex. Employers are also prohibited from retaliating against an employee for certain actions, such as the employee participating in lawful conduct occurring during nonworking hours and away from the employer’s premises. The Labor Commissioner of the California Department of Industrial Relations enforces the California laws that specifically prohibit discrimination and retaliation against employees and job applicants. Complaints against an employer must be filed within one year of the allegedly illegal act unless the law state otherwise. Currently, deadlines to file complaints have temporarily been suspended due to the coronavirus pandemic. Wrongful termination laws protect California workers when they are dismissed from their employment for unlawful reasons. Workplace retaliation laws protect workers who do not suffer a loss of employment but other adverse employment consequences because of the illegal retaliatory actions…Read More
It is common knowledge that, among the states, California is and has consistently been at the forefront of progressive rulemaking, especially legislation related to employment and labor law. The federal Equal Pay Act was not enacted until 1963 whereas California first passed an Equal Pay Act in 1949. California’s law was amended in 2015. The following is a review of California equal and fair pay laws before and after the recent legislative amendments in the last five years. The Equal Pay Act codified in Labor Code § 1197.5 formerly provided that: No employer shall pay any individual in the employer’s employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions . . . The California Fair Pay Act went into effect on January 1, 2016, with provisions that updated certain terms to make…Read More
Minimum wage is the price floor of employee labor. Workers may not sell their labor below this threshold. Federal, state, and local laws set a minimum wage to protect workers from unfairly low compensation. The purpose of a minimum wage is to allow everyone in society to earn enough money to meet their own basic needs and support their families. Thirty-four California cities are increasing the local minimum wage in 2021. Let’s answer some frequently asked questions about minimum wage. What is the minimum wage? Effective January 1, 2021, the minimum wage increased in California to $14 per hour for employers with 26 or more employees and $13 per hour for employees with 25 or fewer employees. The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). The federal minimum wage for covered nonexempt employees is $7.25 per hour. The minimum wage is $16.07 in San Francisco and $15 in Ventura County.…Read More
No one wants to be known as the person who complains at work or who rocks the boat. We want to work hard, do our best, make money, and get promotions along the way. Unfortunately, there are employers and people in the workplace who engage in unlawful activities, such as discrimination, harassment, retaliation, breach of contract, and wage and overtime violations. In my experience as an employment law attorney in California, I have seen a full spectrum of employer misconduct and few things surprise me anymore. If you feel that your employer has violated your rights, your first call should be to an attorney. Consider the following: Employment law in California is some of the most employee-protective in the entire country. You have some legal rights and protections that no one else in the country has. Yet, many employees in California are unaware of their legal rights, which employers take full advantage of. Employment law…Read More
